Great Expectations of Mediation

Great Expectations of Mediation

Donald ambled into the conference room with difficulty. He looked like a nice, working class man in his retirement years, but the gray pall he carried indicated his health wasn’t going to let him do a whole lot of fishing on his beloved Lake Havasu any time soon.Donald slipped in a puddle of water at …

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What is Capacity Building?

Capacity building is the process of evaluating a party’s ability to achieve their goals and solve issues that arise in their day-to-day operations.  Capacity building also evaluates the party’s ability to expand its operations and capacity to achieve more of its goals in the future.  Several broad types of capacity can be built as broad categories, …

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Binding Mediation (Med-Arb): Affordable Dispute Resolution

Binding mediation combines elements of mediation and arbitration to help parties resolve disputes effectively and efficiently.  Binding mediation, often called mediation-arbitration or med-arb, is a process where the parties to a dispute agree to submit the dispute to mediation, but if an agreement cannot be reached, the mediator will then become an arbitrator and issue …

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BATNA & WATNA: Finding and Using Negotiation Power (Part I of III)

What is the power of finding and using a BATNA & WATNA? The goal of an alternative dispute resolution (ADR) process is to come to a resolution together so that the parties can both agree on and avoid the eventual litigation that could arise in the dispute. However, not every mediation or negotiation ends in a …

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7 Significant Steps to Prevent Employee Litigation

PROBLEMS, PROBLEMS EVERYWHERE…Anyone who has ever worked as corporate counsel knows it ain’t easy. Corporate counsel has to deal with lawsuits, human resources, risk management, internal politics, and an ever-changing landscape of compliance landmines.  To make matters worse, the higher-ups do what they want, when they want… and then they come to tell you about …

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An Interview with International Arbitrator & Mediator Eric Van Ginkel

Our ADR Times Contributing Editor, Zach Ulrich, had the opportunity to sit down with expert international mediator and arbitrator Eric van Ginkel, and discuss topics including the role of culture and language in international disputes, differences between international and intranational conflicts, and Mr. van Ginkel’s career as a neutral. A consummate commercial attorney, mediator, and …

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Five Stages of Mediation – Introduction

What are the 5 stages of mediation? Let’s take a look. Jim and John had been successful design partners for six years. The business had grown from the two of them to twelve engineers. Now Jim wanted to accept an acquisition offer, but John wanted to expand while they could buy new buildings cheaply.  If …

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Winning The Race Taking Chances and Assessing The Risks

I was fortunate enough to attend a Horse Race in Hong Kong. I heard about the race from a friend I met while travelling who just so happened to be a horse jockey in the United States. We were both eager to see what proved to be an exhilarating cultural experience.Apparently, horse racing in Hong …

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